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25B - AGMT - 815 N HARBOR LOAN
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02/17/2015
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25B - AGMT - 815 N HARBOR LOAN
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Last modified
2/12/2015 4:45:31 PM
Creation date
2/12/2015 4:13:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
2/17/2015
Destruction Year
2020
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"Very Low Income" means an adjusted income which does not exceed fifty percent <br />(50 %) of the area median income for the Orange County, California PMSA, adjusted for <br />household size, as published by HUD. <br />3. This Note evidences the obligation of Borrower to the City for the repayment <br />of the City Loan of NSP2 Funds attributable to the development of the Property, and related soft <br />costs. <br />4. This Note is payable at the principal office of City of Santa Ana, Community <br />Development Agency, 20 Civic Center Drive, Santa Ana, California 92702, Aft: Housing <br />Division, or at such other place as the holder hereof may inform Borrower in writing, in lawfuul <br />money of the United States. <br />3. Loan Repayment. <br />Borrower shall make payments to the City as provided in Sections 5 (Residual Receipts), <br />6 (Refinancing Proceeds), 7 (Sale Proceeds) and 9 (Accelerated Loan Repayment) of the <br />Agreement. <br />4. Operating Capital Improvement Loan. <br />If the replacement reserve account ( "reserves ") is depleted clue to unforeseen repairs and <br />the General Partner malces a loan to the Partnership, the reserves must be fully funded prior to <br />payment of said loan. The outstanding loan balance will be reflected in the annual report. <br />5. Annual Loan Repayment/ Residual Receipts <br />a. Commencing on the date one hundred fifty (15 0) days after the close of the initial <br />Calendar Year following the issuance of the Certificate of Completion and on or before the 150 "' <br />day of each Calendar Year thereafter the Borrower shall thereafter make a loan payment to the <br />City annually, in the amount of the lesser of the outstanding balance due under this Note or the <br />City's Percentage of the Residual Receipts, as provided in this Section 5. <br />b. Within one hundred fifty (150) days after the close of the initial Calendar Year <br />following the Issuance of the Certificate of Completion and on or before the 150th day of each <br />Calendar Year thereafter, the Borrower shall submit to the City an audited financial statement of <br />Gross Revenues and Operating Expenses attributable to the Property for the applicable Calendar <br />Year, along with a computation of the amount of the Residual Receipts applicable to such <br />— — <br />Calendar Year-w th which to make a City loan payment then due. <br />c. Except as otherwise provided, the Borrower shall pay to the City the City's <br />Percentage of the Residual Receipts as payment of principal. At least fifty percent (50 %) of the <br />Residual Receipts shall remain with the Borrower, with all Residual Receipts remaining with <br />Borrower once all of the City Lowis have been fully repaid. <br />1076\53 \1389784.1 <br />25B -107 <br />
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